- 28 September, 2023
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- Articles
“I want a Divorce!” these are the words which no spouse prepares for.
Despite all the resources that are available today to married couples, various married couples still find themselves at the point of no return and decide on ending their marriage and going their separate ways
Despite the entire emotional trauma that comes with this, there is much legality that surrounds this process. Often, when we are introduced to clients who wish to either institute or defend a Divorce, and the processes are explained to them, it becomes extremely overwhelming for them, to say the least.
Drafting Pleadings and legal Notices, Family Advocates, Rule 43 Applications and Settlement agreements are all phrases that couples have possibly never heard before. Coupled with the emotions, these words would frighten anyone
We encourage our Clients to come through for a consultation, wherein we sit down with them and begin the process of effectively managing the situation.
In the consultation, we ascertain the following: –
- Whether our client would be launching divorce proceedings or defending them;
- Are there any prospects of reconciliation or has the marriage irretrievably broken down;
- What the cause for the breakdown of the marriage is;
- Are there any children born out of the marriage;
- What marital regime are they married under. One’s marital regime plays an important role in determining what happens with assets and liabilities accumulated before and during the subsistence of the marriage. If the parties are married out of community of property, we will have to peruse the Antenuptial Contract and advise them accordingly;
- Value of the estate. We will gather a list of all assets accumulated before and during the marriage by both spouses and get as much information as possible about all debts accumulated by both spouses;
Another important aspect that the client would need to decide on, would be, which court the matter would be proceeding out of, namely the High Court or the Regional Court. This would be determined by the affordability of the parties, time constraints and the area of jurisdiction of the parties.
More often than not, there are children born out of the marriage. Provision would need to be made for them, both currently as well as for their futures. Family Advocates will have to be consulted and a report will be furnished regarding the living arrangements of the children post-divorce.
We might also have to deal with spousal maintenance, maintenance of minor children, the division of assets etc. Therefore, a divorce could become a rather complicated process.
We therefore encourage our clients to engage in settlement negotiations to curb legal costs and the unnecessary emotional trauma that could be caused should a matter be prolonged at court, bearing in mind the best interests of our clients and their children (if any).
A divorce can either be opposed or unopposed. Should same be unopposed (the parties have reached a settlement), then a Settlement agreement would be entered into between the parties and only the Plaintiff (the party that instituted the legal action) would appear at court and have the Divorce granted in accordance with the Settlement agreement.
On the other hand, should the matter not be settled and be opposed, the general Action procedure would follow: Summons would be issued and served on the Defendant, the Defendant would file an appearance to defend and thereafter file a Plea, the parties would then close Pleadings and begin processes towards Trial. Please bear in mind that opposed Divorces can become protracted and very costly.
Generally, if a party not be able to afford to maintain him/herself, a Rule 43 Application is brought for interim maintenance, pending the finalisation of the Divorce
It is important to remember that a Divorce has an impact on every area of your life such as financial, emotional and legal. If you and your spouse cannot agree on a settlement, it is best to seek sound legal advice on the best way forward, in order to protect your rights through a difficult process, where judgment can be clouded by emotions.
We at The Law Offices of Larissa Singh are well trained to handle your Divorce. We cater for your emotional, financial and legal needs and ensure a well-rounded service. We will hold your hand throughout the process, help you decide on how to divide your assets fairly and work out what is best for your children. We’ll help you to minimize the cost and stress of a divorce.
Contact us on the numbers below for more information on setting up a consultation.
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